Archive for July, 2008
Do I Really Need To Hire a Houston DUI Lawyer To Defend Me?
Jul 30th
Reader’s Question:
My brother is insistent that he won’t hire a DUI lawyer to help him defend on his DUI case in Houston Texas. I need help in explaining to him the importance of having a DUI lawyer. How can a DUI lawyer help him on his case?
Ruth
Houston, TX
A DUI charge can be very traumatic, especially if you are not familiar with the legal process in Houston, Texas. A DUI conviction is even worse because it could remain on your criminal record for your entire life. Since your brother has a DUI charge, he has to contact a DUI lawyer immediately. A DUI lawyer would advise him throughout the DUI process and serve as his advocate in court and at his case hearing against the Department of Motor Vehicles (DMV). He can be assured that every effort will be placed into successfully defending his DUI charges.
Your brother just has to make sure that the lawyer he will be hiring is an experienced lawyer in the DUI field. This kind of lawyer focuses primarily on DUI law and has years of practice experience and a winning reputation. The DUI process is very complex and confusing that is why your brother will need to retain the services of an aggressive DUI lawyer. A DUI lawyer could help him get the legal process with ease and provide him with up-to-date DUI resources and knowledgeable counsel.
Can The Smell of Alcohol Be Enough in Houston DUI Arrest?
Jul 30th
Reader’s Question:
I have read an article that alcohol may not be detected by merely the smell of it. If that is the case then, can we say that the odor of alcohol is not enough for DUI arrest in Houston, Texas?
Shanice
Houston, TX
Yes, the odor of alcohol is really not enough for a DUI arrest in Houston, Texas. A study shows that police may not be able to detect the odor of alcohol on the breath of motorists who are pulled over for investigation. The smell of an alcoholic beverage on the breath of a motorist is very often used by police to create reasonable belief that the person has alcohol in his/her body. A police officer who forms this kind of belief can demand that the person provide a sample of breath into a portable breath test (PBT) device. A person who registers positive on the PBT would be arrested for DUI and taken for breath tests to find out the amount of alcohol in his or her system.
In a recent study, 20 experienced police officers were asked to detect the odor of an alcoholic beverage on the breath of 14 subjects who had blood alcohol content (BAC) that ranges from .00 to .13%. The drinking subjects were not seen in the experiment. The odor of an alcoholic beverage was detected in 2/3 of the subjects for BACs that are below .08%, and 85% of the time when BACs exceeded .08%. The police observers were less successful in detecting the odor of alcohol after food consumption by the drinking subjects. Moreover, the officers were unable to recognize what type of beverage was consumed and it was found that the strength of the odor as noted by police doesn’t have correlation to BAC levels.
Houston TX DUI Breath Test Refusal
Jul 25th
Reader’s Question:
If I refused to take a breathalyzer test or any form of testing when found driving under the influence in Houston, Texas, would that automatically mean suspension of my driver’s license? And if yes, is there a way for me to prevent it?
Adrian
Houston, TX
When found driving under the influence in Houston, Texas, there is a process that you have to go through first before your driver’s license is suspended. After an arresting officer charged you for DUI, you have the right to what is called an Administrative License Revocation Hearing (ALR hearings). At the time of your arrest, you should receive a written notice about the suspension of your driver’s license. Then you will have 15 days from the date of receipt, to request in writing, a hearing from the Department of Public Safety (DPS) headquarters. If you fail to request a hearing, you will lose the right for ALR and your license will be suspended on the 40th day after receiving the notice.
If the officer did not give you a notice about your license suspension, you will still get a notice from DPS sent to you via certified mail. After receiving the DPS notice, you will have 15 days to file for a hearing instead of 15 days from the date of your arrest. A 5-day grace period is given after the notice is mailed, giving you 15 days to request for a hearing. But it is advised not to rely on receiving a notice from DPS to request a hearing or you might end up waiving the right for ALR.
Should You Perform a Houston Field Sobriety Test?
Jul 25th
Reader’s Question:
My daughter has been arrested for drunk driving in Houston, Texas. She was asked to perform field sobriety tests and she failed them. I was told that these tests do not accurately determine driver impairment. Can she use this as a defense?
Madison
Houston, TX
Yes, it’s true, field sobriety tests (FST’s) do not accurately measure the driver impairment for probable cause to support an arrest for DUI. So your daughter can use that as a defense in her DUI case in Houston, Texas. Many researchers observed that FST’s determine balance, reaction time and steadiness but concluded that a connection between these factors and driving ability was not apparent. That’s because neither a simple movement time nor steady stance is essential to the safe operation of a motor vehicle. The researchers conceded that FST’s may show the presence of alcohol but did not necessarily measure driving ability.
In general, police officers do not give the FST’s uniformly and there is no scientific basis for assuming these tests are valid. Many of these officers either improperly instruct the suspect driver on how to perform the tests or administer the wrong tests. A DUI defense lawyer can obtain a pre-trial suppression ruling to exclude the FSTs and their alleged indication of impairment due to lack of improper instructions and scientific foundation.
Beating a Houston DUI Case
Jul 24th
Reader’s Question:
My father has been charged with DUI in Houston, Texas. This is his first DUI offense and obviously, we want to help him win his DUI case. Is there a way to beat a DUI charge?
Olson
Houston, TX
There are many ways to beat or win over a DUI conviction, even if your father had blood alcohol content (BAC) over the legal limit. An experienced DUI lawyer in Houston, Texas will look at multiple methods to attack the charge. First, the DUI lawyer should look at the stop itself or when your father was asked by police officer to pull over. An officer must have at least reasonable suspicion to make a stop on the highway. A good DUI lawyer would look at all the circumstances surrounding the stop of the vehicle, and make sure all State and Constitutional Laws regarding search and seizure have been followed.
If your father performed a standardized field sobriety test (FST), that test should be scrutinized for mistakes by the officer, and if he has taken a Breathalyzer, then that machine and its operation must be analyzed completely. From lack of probable cause to make an arrest, or reasonable suspicion to make a stop, the police officer not conforming with all the rules regarding breath tests or performing FST’s inaccurately, there are many ways to beat a DUI charge.
Houston Texas DUI SR22 Car Insurance
Jul 23rd
Reader’s Question:
My cousin told me that he needs to file SR22 car insurance because of his recent DUI conviction in Houston, Texas. He asked me to help him find out how long is it required. What is SR22 car insurance, how can he obtain one and how long does he have to carry it?
Earl
Houston, TX
SR22 car insurance is a certificate of insurance that shows the Texas Department of Public Safety (DPS) proof of insurance for the future, as required by law. In your cousin’s case, he is required to have it because of his DUI conviction in Houston, Texas. SR22 is a motor vehicle liability insurance which requires the insurance company to certify coverage to DPS, and the insurance company must notify DPS anytime the policy is cancelled, terminated or lapses. He can obtain SR22 by contacting an insurance agent/company who is authorized to write liability insurance for the State of Texas. Or better yet, just simply get an online rate quote for great SR22 car insurance in Houston from this site.
In Texas, SR22 is required for two years from the date of the DUI conviction or the date the judgment was rendered. If the SR22 is cancelled, terminated, or lapses, the insurance company will notify the Texas DPS. If it is still required for the driver to carry SR22 and it was not on file, the driving privilege and vehicle registration is suspended.
Houston Texas DWI Penalties
Jul 20th
Reader’s Question:
This is the first time that my son has ever been charged with DWI. He got into an accident but we are still thankful that no one was hurt. What are the possible penalties involved if he will be convicted for DWI in Houston, Texas?
Deedee
Houston, TX
Driving while intoxicated with alcohol or other intoxicating drugs or DWI is a very serious offense in Texas. The problem is that most people don’t realize that this is such a huge problem until they commit it. A lot of people pose to be dare devils and engage in drunk driving and speeding. Their merriment comes to a full stop once they are charged with DWI and fear starts showing on their faces.
Since your son has been charged with DWI in Houston, Texas, in the absence of aggravating factors, the first DWI offender could get off a little lightly. He may face the following penalties and punishments:
-A fine of an amount not exceeding $2000
-A jail term of three days to six months
-He may have to do community service for 24 hours to 100 hours as per ordered by the court
-If it appears that the he has an alcohol habit, the judge may have to order him to go in for rehabilitation
On the other hand, in case that there are aggravating factors like a child in the car, loss of limb or life of casualty, etc. involved in the case, the punishment may increase. So they say ‘Prevention is better than Punishment’ in the case of DWI and thus, it is advised that we take steps to avoid driving for at least 12 hours after the last drink.
Hiring a Houston Texas DUI Lawyer
Jul 19th
Reader’s Question:
My sister has been charged with DUI here in Houston, Texas. We have not decided whether or not we will hire a lawyer because my sister said that she can get out of this on her own. How important is having a lawyer in cases such as this?
Lindsay
Houston, TX
Often times, the importance of retaining a good DUI defense lawyer if arrested for driving under the influence is being overlooked. Since she was charged with DUI in Houston, Texas, the magnitude of having a good DUI lawyer on your sister’s side equals that of having the best doctor trying to save her life. Of course, a DUI conviction is not a matter of life or death in its literal sense, but a DUI conviction or guilty plea would definitely affect her life.
If your sister will be convicted for DUI, the most obvious effect on her life by is the punishment. Depending on whether she is guilty of a misdemeanor offense or a felony DUI offense, she would pay a fine, potentially lose her license to drive, possibly serve some sort of community service, and maybe serve some time in prison. Not to mention the fact that in Texas, the punishment escalates if the person is convicted of a DUI-related offense for the second time within a certain time frame.
These are just some of the possible consequences that your sister might be facing if she will be convicted for DUI. So, she has to think hard about the importance of having a DUI lawyer on her side.
Cheap Houston Texas DUI Lawyer?
Jul 17th
Reader’s Question:
My sister was charged with DUI here in Houston, Texas. She is not decided whether or not she will hire a DUI lawyer. If she decides to do so, what are the things that she should be careful about? She does not have much money so she will need a rather cheap dui lawyer
Tim
Houston, TX
Since your sister was charged with DUI in Houston, Texas, it would be of big help for her to defend her DUI case if she will hire the services of a DUI lawyer. But in doing so, there are certain things that she should always remember in thoroughly choosing a DUI lawyer. This also involves some things that she should be careful about when dealing with lawyers.
One of the things that your sister should be careful about is the “sweet-talker” because this type of lawyer would entice her to believe on the good results with regard to her DUI case. More often, these lawyers may only be after the retainer’s fee or the acceptance fee your sister would give them. One other thing that your sister should be careful about is the over-extended lawyer. This type of lawyer handles too many DUI cases so he/she may not have the time to effectively handle your sister’s case. The fee that the lawyers quote their client is also something that your sister should take note of. Keep in mind that those who charge too high or too low may have other motives that you could suspect.
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